Archive for September 2016

The news release issued by the Independent Investigations Office (IIO) on Wednesday is instructive and unique. Not in the fact they announced that the VPD officer involved in a fatal shooting in April, 2015 would not face any criminal charges, but for the way the report ended.

The incident itself took more than 14 months for the IIO to determine the officer did nothing wrong. Albeit, that’s a few months quicker than their average and frankly, given the circumstances, about a year longer than it should have taken any competent investigator.

I don’t say that lightly. Let’s look at the circumstances. VPD received multiple 9-1-1 calls about a man with a knife who had stabbed two people in the 400 block of Gore on the Downtown Eastside. Three officers responded from close by, one equipped with a shotgun and beanbag rounds, a non-lethal use of force option.

The first officer, armed with his duty pistol and the officer with the shotgun immediately located the suspect armed with a bloody knife. The VPD members challenged the man pointing their weapons and yelling, “drop the knife, drop the knife.”

Three beanbag rounds were fired which struck the suspect and had no effect. The suspect then charged at the officer with what one civilian witness later described as a “bull charge.” The beanbag weapon was fired again and again with no apparent effect. That officer later said, “I thought he was going to stab me.”

Several shots were then fired by the other officer which momentarily doubled over the suspect. But it didn’t drop him. He then ran across the street to a parkade entrance at a church where a passerby female was bent over to pick a $20 bill she had dropped. Without warning the suspect attacked and stabbed the woman several times. The officer chasing then shot the suspect several times. He fell down, dead, on top of the woman he was stabbing.

Police had to pull the assailant off the woman to get her out from underneath to begin first aid. She later told IIO investigators, “I’d like to thank that cop that killed him. Because without him getting that lucky shot I wouldn’t be here right now.”

The IIO were called in as protocol requires. They interviewed three “Witness Officers” and 17 civilian witnesses. With all but some small exceptions, as one would expect, the witness accounts coincided and was corroborated with other associated gathered evidence including area video, recorded radio transmissions and 9-1-1 recordings.

The law is very clear when giving police the right to use lethal force and from this set of circumstances it would seem a textbook, righteous shoot.

But nothing is ever cut and dried with the IIO. This leads us back to what made the press release remarkable.

After the usual statement and case synopsis came this: “All firearm discharges resulting in death or serious harm are the subject of an automatic administrative review by the Office of the Police Complaint Commissioner. As such, this incident is subject to review by that office. In addition to this, the CCD will be forwarding a complaint to the OPCC regarding the failure of two of the involved officers to write any duty-to-account report relating to this incident.”

“This case appears to be an example of a pattern of problems with respect to subject officers involved in critical incidents in British Columbia failing to prepare timely duty to accounts or notes of their involvement in incidents.”

The Chief Civilian Director (CCD), the almost outta’ here Richard Rosenthal, apparently is all pissy because designated subject officers are no longer filing duty to account reports or copies of their notes. Well, he has only himself to blame.

Because he saw the role of the IIO to gather evidence to prosecute police officers and demonstrated that attitude with the incredible overreach in bringing a murder charge against Delta Cst. Jordan MacWilliams and others like Cranbrook Cst. Rick Drought. Charges were ultimately dropped but not after putting the affected officers through hell.

When the BC Chiefs and the RCMP agreed to the original Memorandum of Understanding, they believed the IIO would conduct professional, unbiased investigations to determine the truth of any incident. But that’s not what they got. And now it seems, they have finally realized it.

In a nutshell, the various unions, agencies and the RCMP have obtained legal opinions which essentially say that police officers are Canadians first and police officers second. They may avail themselves of the Charter of Rights & Freedoms just like anyone else. The Charter supersedes all other statutes including the BC Police Act. And why Rosenthal’s pathetic complaint will go no where.

If you know someone is looking to criminally charge you, why help them? It’s a fundamental principle of our constitution and the police have now decided to fight back against the IIO’s nonsense. Fairness is all the police wanted, but that’s not how the IIO operate. So, now the battle is on.

And it’s not just the police unions driving this bus. Senior management are on board. So too, surprisingly, are the RCMP.

In an 8 page memo dated August 16th, the RCMP directed Liaison Officers (officers assigned to facilitate between the agency and the IIO in an investigation) not to provide “compelled notes, statements or reports to the IIO.”

Cudos to seniour management of the RCMP to back their members. Trust me, it’s rare when that happens.

In my opinion, the IIO, as it is currently constituted and operating in the manner it has, needs to be completely re-thought by the government. Their mandate should be to conduct professional, unbiased investigations to find the truth. If the truth leads to a criminal charge against a police officer then so be it. Every police officer knows they are responsible for their actions. But that’s a far cry from the IIO’s attitude, as stated by their Director of Investigations John Larkin, “We start out believing they are guilty and work from there.”

Rosenthal is firing a parting shot with this complaint to the OPCC. It’s just sour grapes from a man who failed utterly.

He had the opportunity to create a first class police oversight agency. It isn’t and he didn’t. A career bureaucrat has been appointed as interim CCD while headhunter PFM Executive Search looks for someone to take over this mess. Whoever that will be will have to dismantle a flawed culture and start over. If not, the chasm between the police and the IIO will grow wider.

Neither the citizens of BC nor the police who serve them should be satisfied with that.